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Minutes - 12/14/2004 - Board of Trustees (2)MINUTES OF THE, DECEMBER 14, 2004 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JANUARY 17, 2005. 1. CALL TO ORDER: The Regular Meeting of the Village Board of Trustees was called to order by President Quinlan in the Samuel E. Dean Board Room of the Butler Government Center at 7:34 p.m. The Pledge of Allegiance was given. 2. ROLL CALL: Village Clerk Linda Gonnella called the roll with the following persons PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, George T. Caleel, John W. Craig, Susan Chase Korin, Asif Yusuf and Elaine Zannis. ABSENT: None. IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey Moline, Assistant Village Manager; Robert R. Cronholm, Fire Chief, Dale L. Durfey, Jr., Village Engineer; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Darrell J. Langlois, Finance Director; Margaret G. Klinkow, Library Director; Michael J. Meranda, Public Works Director; Nelson Patras, Interim Bath & Tennis Club Manager; Trey VanDyke, Golf Club Manager; Steven Larson, Police Lieutenant and Sean Creed, Golf Course Superintendent. President Quinlan informed the public that several members of the Board have requested to adjourn to a closed meeting at the beginning of the meeting to discuss the sale of real property and salary administration. Motion by Trustee Zannis, seconded by Trustee Yusuf, to adjourn the Regular Board of Trustees Meeting at 7.35 p.m. to a closed meeting to discuss the setting of a price for the sale or lease of property owned by the public body and deliberations concerning salary schedules for one or more classes of employees. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Abstain: 1 - Trustee Aktipis. Absent: 0 - None. Motion carried. President Quinlan called the regular meeting back to order at 7:55 p.m. Clerk Gonnella called the roll with the following persons PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, George T. Caleel, John W. Craig, Susan Chase Korin, Asif Yusuf and Elaine Zannis. VILLAGE OF OAK BROOK Minutes Page 1 of 16 December 14, 2004 2. ABSENT: None. President Quinlan announced that Agenda Item 5. E. 1) Part -time Reference Librarian is stricken from the agenda item as that person is no longer available for that position. 3. RESIDENT /VISITOR COMMENT: A. Oath of Office - Edward Nielsen, Board of Fire and Police Commissioners President Quinlan informed the public that Agenda Item 3. A. Swearing in Ceremony of Edward Nielsen to the Board of Fire and Police Commissioners will not occur. Mr. Nielsen was not able to attend the Board meeting but he has accepted the proposed appointment and the official oath ceremony will occur at the next Village Board meeting in January. Dr. Francis Gaik addressed the Board of Trustees of the Village's Ethnic Ordinance G- 748 -5 -11 -2004. She explained that she has written and published articles on the ethics of re- engineering. The State of Illinois at the end of 2003 passed the Ethics Act whereby it is mandatory that all Village, Libraries and public facilities pass their ordinance model. Attorney General Lisa Madigan's model ordinance was distributed to the Board members by Dr. Gaik as well as a guide to the implementation of the model ethics ordinance. She indicated that on May 11, 2004 the Village adopted such an ordinance but she stated it had minimal requirements that only met the State's standards. She recommended with some of the controversies before the Board at this time, that it would be beneficial for the Board to further review this ordinance and correct it. DuPage County has addressed this issue with their new ordinance. She suggested that the ordinance require subpoena power and an action plan for the appointment of an advisor and commission. President Quinlan requested that the Village Manager and Village Attorney review DuPage County's ordinance and other surrounding communities. B. Prairie State Games - Maureen Moore President Quinlan noted that Ms. Moore was not able to attend the meeting at this time. President Quinlan announced that Trustee Korin has asked for a few moments to make a public comment. She will address her item under New Business. 4. APPROVAL OF MINUTES - None. 5. CONSENT AGENDA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. VILLAGE OF OAK BROOK Minutes Page 2 of 16 December 14, 2004 5. A. Accounts Payable for Period Ending December 10, 2004 - $426,193.80 Significant Items included in Above. 1) Kubiesa, Spiroff, Gosselar & Acker, P.0 — Legal Services for Month of September - $16,128 50 — Continued from November 23, 2004 2) James J. Benes and Associates, Inc. — Payout #2 — 2005 Paving Project - $12,968 56 3) Civiltech Engineering, Inc. — Payout #14 — York/Harger Bike Trail Phase III - $17,406.45 4) James D Fiala Paving Company — Payout #7 — 2004 Paving Project - $14,129.39 B Approval of Payroll l) Pay Period Ending November 20, 2004 - $570,117 13 2) Pay Period Ending December 4, 2004 - $607,502.90 C Community Development Referrals 1) 3404 Adams Road — Variation 2) Oak Brook Promenade — 3001, 3003 and 3121 Butterfield Road — Map Amendment, Text Amendments, Special Uses, Variations and Plat of Consolidation — Presentation by Petitioner D. Authorization to Seek Bids or Proposal or Negotiate Contracts 1) Microfilm /Electronic Scanning 2) Golf Cart Fleet E Authorization to Hire, Promote or Reassign Duties of Village Employees 1) Part-tune Reference Librarian F Budget Adjustments G. Oakland Subdivision — Reduction in Subdivision Security H An Ordinance Authorizing the Sale of Certain Items of Personal Property Owned by the Village of Oak Brook — Fire Pumper 911 L Ratification of Expense — Davey Tree Service — Emergency Tree Limb Removal - $13,935 95 J. Change Order #4 — James D Fiala Paving Company - $5,780.00 - 2004 Paving Project — Revised Total Contract Amount $944,547.39 K Fire Department Promotions L. An Ordinance Amending Title 1 (Administration) of the Village Code of the Village of Oak Brook with respect to the Responsibilities, Duties and Authority of the Village Manager Motion by Trustee Caleel, seconded by Trustee Craig, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis Nays. 0 - None. Absent: 0 - None Motion carried. 6. ITEMS REMOVED FROM CONSENT AGENDA: President Quinlan had previously announced that Agenda Item 5. E., Authorization to Hire, Promote or Reassign Duties of Village Employees, 1) Part-Time Reference Librarian was previously removed from the Consent Agenda as the applicant is no longer available for the position. VILLAGE OF OAK BROOK Minutes Page 3 of 16 December 14, 2004 7. BOARD & COMMISSION RECOMMENDATIONS: A. Reflection Circle Subdivision — Preliminary Plat Mr. Vito Falco, the owner of the 4.69 acre parcel located at 2901 Oak Brook Road has submitted an application seeking approval of a three -lot, preliminary plat of subdivision. As part of this request, the applicant is seeking approval of a variance to Section 14 -6 -3 of the Subdivision Regulations for a private street without sidewalks. Lot one will contain the existing home and an expanded private driveway which will serve as the access to Oak Brook Road for the other lots, while the other two lots will accommodate future single- family homes. In addition to the three residential lots, the applicant is proposing the design and construction of several storm water management facilities. This proposal was originally submitted as a four -lot subdivision in spring 2003, but due to a number of physical constraints (i.e., topography and flood plain) the applicant has made a number of revisions that are represented on the revised documents. The Plan Commission, by a vote of 6 to 0, recommended denial of the preliminary plat of subdivision for the proposed Reflection Circle Subdivision f /k/a Falco Subdivision as requested based on the following findings: 1. The proposed subdivision does not completely satisfy all requirements for a preliminary plat of subdivision as contained in the Village of Oak Brook Subdivision Regulations. In particular, the extensive regrading of the property appears to contradict Section 14 -6 -2, Topography of the Subdivision Regulations which states that, "in the subdivision of any lands due regard shall be shown for all natural features such as large trees, water courses, topography and other elements which, if preserved, would add attractiveness to the proposed development." 2. The final design of the central water feature located on the north side of lot 1 and it has not been finalized. There are safety and aesthetic concerns with the design. The "bath -tub" look provided in one of the alternative designs may be viewed by some to be "out of character" with the neighborhood. 3. Even though the proposed 3 -lot subdivision creates individual lots that conform to the underlying zoning district of R -2, the two lots for new single- family homes provide no room for typical amenities (i.e. swimming pool, landscaped gardens, accessory structures, etc.). 4. The design of the proposed subdivision is not in keeping with the surrounding neighborhood. In particular, the proposed grading will allow the two new homes VILLAGE OF OAK BROOK Minutes Page 4 of 16 December 14, 2004 7. A. will ultimately be built to be significantly taller than if existing grades were utilized. 5. As requested by the Commission, the applicant has not provided a rendering /drawing, which shows how the property and future improvements including how the homes will visually look from an off -site perspective. 6. The final wall details have not been provided at this time. 7. The items contained in Village Engineer Durfey's letter dated September 13, 2004 (page 22 of the case file) As a result of the issues and concerns raised by the Plan Commission, the applicant's engineer has submitted additional information (letter dated December 7, 2004) to address some of the outstanding issues. The letter does not appear to address the primary concern raised by the Plan Commission and Staff on the proposed grading of the property. Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the Plan Commission recommendation and findings to deny the proposed Reflection Circle Preliminary Plat of Subdivision. VOICE VOTE: Motion carried. 8. UNFINISHED BUSINESS: A. CONFIRMATION OF APPOINTMENTS - None. B. ORDINANCES & RESOLUTIONS 1) ORDINANCE 2004- BU -EX2 -S -1095, "AN ORDINANCE ADOPTING THE BUDGET OF THE VILLAGE OF OAK BROOK FOR 2005" On December 6, 2004 the Village Board reviewed the proposed 2005 Municipal Budget. The direction given at the meeting was as follows: 1. The Budget shall be adjusted so that the projected surplus in the General Corporate Fund is in excess of $1,000,000 in order to utilize 100% of the budgeted transfer from the Infrastructure Fund for increasing the General Corporate Fund's operating reserve. 2. The Budget shall be adjusted so that the total revenues from all funds exceed total expenditures for all funds. 3. Two scenarios shall be prepared showing the results of whether or not to include a 0.50% reduction in utility tax rate effective July 1, 2005. VILLAGE OF OAK BROOK Minutes Page 5 of 16 December 14, 2004 8. B. 1) The draft budget included a 0.50% reduction in the utility tax rate. Option 1 follows the draft budget regarding the inclusion of the utility tax reduction and achieves the Board's direction primarily by partial year budgeting of several positions in the Police and Fire Departments, lowering of the legal services contingency, deferring several capital items to 2006, and reductions in other operating line items (such as overtime). In Option 2, the utility tax reduction is eliminated resulting in fewer reductions and deferrals being required as compared to Option 1. This reduction in rate will have a negative impact on the budget every year thereafter, and full year implementation of the rate reduction will amount to $194,000 in 2006 and grow based on inflation thereafter. President Quinlan asked that staff estimate the impact of the proposed rate reduction on a typical Oak Brook household. Several years ago, Commmonwealth Edison estimated that approximately 40% of the tax generated came from residential customers. Applying this percentage to 3,124 households (per 2000 census), this will result in a savings of $12.04 per household in 2005 and an annual savings of $24.84 in 2006 and thereafter. Attached to the final ordinance will be a revenue exhibit, an expenditure exhibit, and a fund summary. The revenue exhibit is included and is based on Option 1 (inclusion of the tax rate reduction). The expenditure exhibit is a large (over 100 pages) computer generated report similar in format to the pages found in the draft budget document. This exhibit has not been included since a direction as to which option is selected is needed in order to complete the document. It will be attached to the ordinance based on the final direction given. Finally, a Fund Summary (similar to page S -7 in the draft budget) has been prepared under both options so that the Board may see the overall impact of the changes proposed. Trustee Yusuf recommended that Option 1 be approved with the caveat that the Board of Trustees will review the Salary Plan at or before the first Village Board meeting in January, 2005 Motion by Trustee Yusuf, seconded by Trustee Korin, to finalize the 2005 Budget by selecting Option 1 as summarized on the worksheet and approve the Ordinance which adopts the Budget for the Village of Oak Brook for 2005. Trustee Caleel asked for a clarification that it should be Option 2. Motion by Trustee Yusuf, seconded by Trustee Caleel, to amend the motion to finalize the 2005 Budget by selecting Option 2 as summarized on the worksheet and approve the Ordinance which adopts the Budget for the Village of Oak Brook VILLAGE OF OAK BROOK Minutes Page 6 of 16 December 14, 2004 s. B. 1) for 2005 with the caveat that the Board of Trustees will review the Employee Salary Plan at or before the first Village Board meeting in January, 2005. Trustee Aktipis stated that there was an item on the Consent Agenda that was passed. President Quinlan asked that the Board continue with the agenda items and then the Oak Brook Promenade will be addressed. Trustee Zannis noted if the Village selects Option 2 that the additional revenue of $94,000 expected by not lowering the utility tax rate would go to such items as the purchase of a Forms Burster, the Tree Budget would not be reduced by $25,000, Fire Station #2 Apparatus Floor Resurfacing not be deferred to 2006, Overtime Budget would not be reduced and the deferring of the Detective Vehicle IVAC System to 2006 would not happen. Given a choice of those items for or refunding and reducing the utility tax, she would prefer to reduce the utility tax. She does not believe that any of those items are worth deferring a reduction in the utility tax. The Village would do just fine if those items were deferred to 2006. President Quinlan explained that the reducing the utility tax by 0.50% is, not a one -time occurrence and results in an annual loss of $194,000. Trustee Zannis noted that the Village has already increased the sales tax by 0.25% with $2.5 million in additional revenues expected and the Village should start reducing the utility tax and then the telecommunication tax. President Quinlan asked Finance Director Langlois what the expected savings would be per household. Finance Director Langlois indicated that the reduction would result in a savings of approximately $12.00 per household in 2005 Trustee Zannis stated the message being sent to the Village residents is far greater than the $12 00 savings to our residents Trustee Caleel commented that capital equipment deferral to the future is a sure way to run into difficulties. Trustee Aktipis stated that he agreed with Trustee Zannis in that he believes it gives a wrong message to our residents of what are the Trustees priorities. The Board's priorities are to keep the budgets tight to a degree that the Village's revenue allows it. Trustee Caleel stated that for years the Village's budget process per department does not take the actual and takes what was budgeted for that year and adds to it Every year the Board has stated they do not want that done and it comes back to them in that format. He suggested that there are places to save that have not been utilized. Trustee Yusuf suggested there is one alternative to consider with an Option 3 whereby budget cuts are made, the utility tax is retained and speed up the route to VILLAGE OF OAK BROOK Minutes Page 7 of 16 December 14, 2004 8. B. 1) fiscal responsibility. President Quinlan explained that the Village spent 98% of the projected budget for 2004 already He believes that the benefit for the greater good of the overall Village is to retain the utility tax as it is now. Trustee Aktipis stated that spending always tends to fill the available budget and the message is wrong as it isn't how many dollars are involved. President Quinlan called for a point of order to call the roll call vote on the proposed motion. Motion by Trustee Yusuf, seconded by Trustee Caleel, to amend the motion to finalize the 2005 Budget by selecting Option 2 as summarized on the worksheet and approve Ordinance 2004- BU -EX2 -S -1095 which adopts the Budget for the Village of Oak Brook for 2005 with the caveat that the Board of Trustees will review the Employee Salary Plan at or before the first Village Board meeting in January, 2005. ROLL CALL VOTE: Ayes: 4 - President Quinlan, Trustees Caleel, Craig and Yusuf. Nays: 3 - Trustees Aktipis, Korin and Zannis. Absent: 0 - None Motion carried. 2) ORDINANCE 2004 -BD- LIT -MIN -S -1096 , "AN ORDINANCE REQUIRING THAT THE OFFICIAL RECORD OF A "SPECIAL MEETING" CALLED FOR THE PURPOSE OF DISCUSSING A MATTER BEING LITIGATED AMONGST THE CORPORATE AUTHORITIES OF THE VILLAGE OF OAK BROOK BE A VERBATIM TRANSCRIPT OF THE MEETING" Per the request of Trustee Zannis, the Village Attorney drafted an ordinance requiring that the official record of a special meeting called for the purpose of discussing a matter being litigated amongst the corporate authorities of the Village of Oak Brook be a verbatim transcript of the meeting. Motion by Trustee Zannis, seconded by Trustee Korin, to approve an Ordinance 2004 -BD- LIT -MIN -S -1096 , "Requiring that the Official Record of a "Special Meeting' Called for the Purpose of Discussing a Matter Being Litigated Amongst the Corporate Authorities of the Village of Oak Brook be a Verbatim Transcript of the Meeting." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None Motion carried. C. AWARD OF CONTRACTS: VILLAGE OF OAK BROOK Minutes Page 8 of 16 December 14, 2004 8. C. 1) Replacement Ambulance Unit 9915 On October 12, 2004 the Village Board authorized the Fire Chief to prepare specifications and seek bids for the purchase of one medium duty ambulance to replace Medic #915 The new ambulance will be a "front line" apparatus and Medic #914 (1997 Ford /Medtech) will be placed in reserve status and used when staffing allows or when a "front line" ambulance is out of service. The 2005 Village of Oak Brook budget reflects a budgeted amount of $175,000 for the replacement of Ambulance Unit #915 and sufficient funding is available in the vehicle replacement fund. Two sealed bids were received on Wednesday, November 10, 2004. Six companies were invited to bid. The low numeric bidder, Wheeled Coach, failed to meet specifications as follows: 1. Failing to submit a bid bond. 2. Failing to itemize the bid which would allow for analysis of costs and possible additions and deletions. 3. Failing to execute any of the required documents. 4. Failing to return the required questionnaire. 5. Failing to submit the required test report indicating that the proposed ambulance has undergone the required testing. 6. Failing to bid on the specifications provided by the Village, instead providing a bid based on their standard unit. Five Alarm Fire and Safety Equipment met all requirements of the bid package. They did note eight minor exceptions that would not significantly impact the project. Trustee Yusuf asked the Fire Chief if there would be any problems with deferring this item to the January meeting so that the Board could further review the Village 2004 budget. Fire Chief Cronholm stated that the delay would extend the delivery of the ambulance 60 to 90 days. The longer delay would defer the production of the ambulance as there is an influx of ambulances being ordered. President Quinlan asked Chief Cronholm if this would put the public at risk with such a delay or increase the cost of the equipment. Chief Cronholm explained that the 2004 maintenance cost for the present vehicle is more than the proposed trade - in value of that vehicle. He offered that this would not give the service to Oak Brook that they deserve due to the condition of the present ambulance. The Chief stated that payment is on delivery in 2005. VILLAGE OF OAK BROOK Minutes Page 9 of 16 December 14, 2004 8. C. 1) Trustee Yusuf recommended that the Board move forward to seek bids on the proposal as the 60 to 90 day delay is too long of a period to wait for the vehicle. Trustee Zannis stated her opinion is that the Village Board has a financial obligation to the six month reserve ordinance before any funds are spent. Motion by Trustee Yusuf, seconded by Trustee Caleel, to award a contract to the lowest responsive and responsible bidder, Five Alarm and Safety Equipment, 704 Oak Street, Fort Atkinson, Wisconsin 53538, subject to staff review, for a 2005 Horton Model 623 Type I Emergency Medical Vehicle in an amount not -to- exceed $161,589.00 (which includes a $4,500 trade -in for the current unit). ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Yusuf. Nays: 1 - Trustee Zannis. Absent: 0 - None Motion carried 9. NEW BUSINESS: President Quinlan asked the Board of Trustees if the Agenda Item 5. C., 2) Oak Brook Promenade — 300L 3 003 and 3121 Butterfield Road — Map Amendment, Text Amendments, Special Uses, Variations and Plat of Consolidation — Presentation by Petitioner be addressed at this time. The Board concurred with his recommendation. President Quinlan introduced the representatives from N.A.I. Hiffman to introduce the Oalc Brook, Promenade Project. Mary Riordan, attorney for the petitioner, introduced those in attendance of the meeting. She indicated that N.A.I. Hiffman is the agent for St. Paul Properties the owner of the subject property. Ryan Murphy, leasing agent, Dennis Hiffman the President of N.A.I. Hiffman and Attorney Joy Pinta were in attendance of the meeting. Ms. Riordan gave the following presentation to the Board of Trustees. The subject property is at the southwest corner of Meyers Road and Butterfield Road with approximately a twenty acre parcel. It is currently approved with three office buildings with an occupancy rate of only 30% and the buildings have become obsolete which is difficult to compete with other office buildings. This has caused the owner to consider redevelopment of the parcel. Presently, it generates no revenue for the Village even though the Village provides public safety protection. The petitioner proposes redeveloping the property to a high end open air upscale shopping plaza. Ms. Riordan indicated that the Village Manager Boehm and Community Development Director Kallien have worked with the petitioner on this project. The petitioner wishes to remove the three buildings and redevelop the property into a life style center. The project would include restaurants and using the pond as an amenity to attract upscale restaurants and retailers and specialty boutiques. There are many limitations on this parcel in which the VILLAGE OF OAK BROOK Minutes Page 10 of 16 December 14, 2004 9. petitioner has been working with Village Engineer Durfey in addressing these issues. There is a five (5) acre pond that functions as an on -line detention pond for the property upstream. The applicant is not able to use it for the water detention. ComEd has a 100' easement across the rear of the property where high tension wires are located which does not allow any buildings to be placed along there. The applicant can only make the project work within an eleven (11) acre area. They will be addressing the Plan Commission with some of the constraints of the property. If there is not enough square footage on the parcel, they will not be able to attract the kinds of tenants they propose. The plan is for St. Paul to own and manage the property. Stringent design standards are being incorporated into their leases so that their tenants will have to comply. Ms. Riordan indicated that the petitioner will be coming before the Plan Commission and Zoning Board of Appeals for a map amendment, text amendments, variances, special use, plat of consolidation and ultimately request the Village to annex a piece of the property. It is currently not annexed into the Village and they would like to have it rezoned to a B- 1. The requests will be given to Community Development Director Kallien this week. Ms. Riordan explained that the project's opening is proposed for 2006. The plan is to start demolition of the property late summer of 2005 and begin construction of the new buildings in the fall and then delivery the summer or fall of 2006. There are other projects in the area and they are presently competing with them so they are moving ahead with the project as quickly as possible. The potential revenue to the Village of Oak Brook is $900,000 based on sales tax revenue for the first year. Trustee Caleel asked if their competitors were planning to build in the old Montgomery Ward building. Ms. Riordan indicated that this is correct and both communities are competing for the same users. She indicated that the pond could be a great amenity with upscale restaurants of outdoor seating and lighting. They plan to improve the pond with lighting features and paths. Trustee Aktipis suggested incorporating the south portion of the back area for employee parking or valet parking for the restaurants. Trustee Craig noted that the previous Village administration passed on the Fountain Square project and now he looks forward to this proposal. A. CONFIRMATION OF APPOINTMENTS - None. B. ORDINANCES & RESOLUTIONS 1) AN ORDINANCE APPROVING THE 2005 SALARY PLAN AND AMENDMENTS TO THE SALARY ADMINISTRATION POLICY FOR NON - REPRESENTED EMPLOYEES OF THE VILLAGE OF OAK BROOK 9. B. 1) VILLAGE OF OAK BROOK Minutes Page 11 of 16 December 14, 2004 Motion by Trustee Caleel, seconded by Trustee Yusuf, that this agenda item be continued to the first meeting in January, 2005. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None Motion carried. 2) ORDINANCE 2004-BU-LIT-S-1097, "AN ORDINANCE REQUIRING THAT ALL DIRECT AND INDIRECT COSTS ASSOCIATED WITH LITIGATION INSTITUTED AMONGST THE CORPORATE AUTHORITIES BE TRACKED AS A LINE ITEM FROM THE DATE OF THE INITIATION OF THE LITIGATION UNTIL ITS TERMINATION" Per the request of Trustee Zannis, the Village Attorney has drafted an ordinance requiring that all direct and indirect costs associated with litigation instituted amongst the corporate authorities be tracked as a line item from the date of the initiation of the litigation until its termination. Motion by Trustee Zannis, to approve an Ordinance 2004 -BU- LIT -S -1097, "Requiring That All Direct and Indirect Costs Associated with Litigation Instituted Amongst the Corporate Authorities be Tracked as a Line Item from the Date of the Initiation of the Litigation Until its Termination." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None Motion carried. 3) ORDINANCE 2004 -PW -SWM- FEE -G -769, "AN ORDINANCE AMENDING SECTION 8 -5 -2 (FEES AND CHARGES) OF CHAPTER 5 (FEES, CHARGES AND BONDS) OF TITLE 8 (PUBLIC WORKS) AND SECTION 9 -7 -8 (PERMIT FEES) OF CHAPTER 7 (STORM WATER MANAGEMENT PERMITS) OF TITLE 9 (STORM WATER, FLOODPLAIN, AND SEDIMENTATION AND EROSION CONTROL REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK" Pursuant to the Village Board's direction and the recommendation of the Engineering Department, staff has prepared an Ordinance which amends Titles 8 and 9 of the Village Code to increase the Plan Review fees. Motion by Trustee Zannis, seconded by Trustee Craig, to approve An Ordinance 2004 -PW -SWM- FEE -G -769, "Amending Section 8 -5 -2 (Fees and Charges) of Chapter 5 (Fees, Charges and Bonds) of Title 8 (Public Works) and Section 9 -7 -8 (Permit Fees) of Chapter 7 (Storm Water Mangement Permits) of Title 9 (Storm Water, Floodplain and Sedimentation and Erosion Control Regulations) of the 9. B. 3) VILLAGE OF OAK BROOK Minutes Page 12 of 16 December 14, 2004 Village Code of the Village of Oak Brook." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None Motion carried. 4) ORDINANCE 2004 -PW -SWM- FEE -G -770 "AN ORDINANCE AMENDING CERTAIN SECTIONS OF TITLES 1, 8 AND 9 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO WAIVERS OF FEES" Upon reviewing certain sections of the Village Code, staff discovered that there were several sections of the Code that related to waivers of fees. Upon investigating and discussing this, it seemed to make sense to have all fee waiver items in the Village Code be consistent. The proposed ordinance accomplishes this. The main Waivers of Fees section will reside in Title 1 and references to this subject in Title 8 and 9 will refer to Title 1. Motion by Trustee Zannis, seconded by Trustee Korin, to approve An Ordinance 2004 -PW -SWM- FEE -G -770, "Amending Certain Sections of Titles 1, 8 and 9 of the Village Code of the Village of Oak Brook, Illinois Relative to Waiver of Fees." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None Motion carried. C. AWARD OF CONTRACTS 1) Fire and Police Department Radio Receivers The 2004 Village of Oak Brook budget account number 161 -9010 has sufficient funding available for this purchase. The goal of this expenditure is to improve the emergency management of fire and police radio communications by enhancing our radio networks The Village of Oak Brook Communications Center utilizes a VHF voting repeater system with receiver sites in strategic locations of the village for both police and fire radio communications. The weak link in this system is on the west side of the village. Both fire and police units in the field have experienced radio problems during emergency calls west of Route 83, because of inadequate receiver site capability. This receiver site installation on the West Water Tower will improve our radio system capabilities. Motion by Trustee Yusuf, seconded by Trustee Caleel, to authorize Village Staff to issue a purchase order not -to- exceed $9,400 to United Radio Communications, Inc. for the installation of two VHF Voting Receiver Systems on to the West 9. C. 1) VILLAGE OF OAK BROOK Minutes Page 13 of 16 December 14, 2004 Water Tower, 2213 Tower Road, Oak Brook, Illinois. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None Motion carried. 2) Golf Maintenance Equipment Lift The Golf Course Maintenance capital budget for 2004 includes the replacement of an equipment lift in the golf maintenance equipment mechanic's shop. The current lift is 10 years old and no longer supports the current designs of turf maintenance equipment. The proposed purchase is manufactured by Golf Lift and the specific model is the GL -9. This lift has been specifically designed for the turf maintenance equipment that staff services. Golf Lift only sells through local distributors and the Village's is Burris Equipment. Motion by Trustee Craig, seconded by Trustee Caleel, to issue a purchase order in a not -to- exceed amount of $6,000 to Burris Equipment, Waukegan, Illinois for the purchase of a Golf Lift turf maintenance equipment lift. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None Motion carried. D. AUTHORIZATION TO PURCHASE - None. E. ISSUANCE OF 2005 SCAVENGER/SOLID WASTE HAULER LICENSES The Village Code provides for one residential scavenger license (to be issued to the hauler awarded the residential contract by the Village) and an unlimited number of commercial scavenger licenses. Pursuant to Section 4 -3 -2 of the Village Code, the Village Board issues scavenger licenses upon recommendation by the Village Manager. Licenses are for the calendar year and the Board normally considers recommendation at its December meeting. , Eight of the nine applicants have submitted all the required documents and fees. Van Ryn Scavenger, Inc. had submitted all of the documents accept their Certificate of Insurance must be revised to meet the Village requirements of insurance. That document was submitted prior to the December 14, 2004 Village Board meeting. Motion by Trustee Caleel, seconded by Trustee Yusuf, to approve issuance of a residential and commercial scavenger /solid waste hauler license to BFI Allied Waste Industries, Inc. and issuance of commercial scavenger /solid waste hauler licenses to Crown Recycling & Waste Services, Inc; DisposAll Waste Services, Inc.; Flood 9. E. VILLAGE OF OAK BROOK Minutes Page 14 of 16 December 14, 2004 Bros: Disposal Co.; Hillside /Arc Disposal, Inc.; Onyx Waste Services Midwest, Inc.; Roy Strom Refuse Removal Service, Inc.; Van Ryn Scavenger, Inc. and Waste Management of Illinois. ROLL CALL VOTE- Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None Motion carried. F. AMENDMENT TO TITLE 1 OF THE VILLAGE CODE — CHAPTER 14 — FEES At the Village Board's October 26, 2004 meeting, the Board concurred with the recommendations of the Plan Commission and Zoning Board of Appeals to amend the Zoning Ordinance to include the requirement that a sign be placed on the property that is subject to a scheduled public hearing on a special use, zoning change or variation. As part of the Board recommendation, the Village would have the responsibility to manufacture and place /remove the public hearing notification signs required for any request. To cover the Village's cost for sign production as well as the placement /removal of the public hearing sign(s), it is recommended that a $50 fee be charged per sign. An updated fee schedule for Chapter 14, of Title One of the Village Code has been proposed. Motion by Trustee Aktipis, seconded by Trustee Korin, to approve the recommended change to the fee schedule in Title 1 - Chapter 14 - Fees, and authorize the Village Attorney to prepare the necessary ordinance for final consideration at the January 11, 2005 meeting. VOICE VOTE: Motion carried. 10. INFORMATION & UPDATES: Trustee Korin made a statement on behalf of the five Trustees who voted against the nomination of John M. Carpino as the Chief of Police for the Village of Oak Brook. Their vote was based on criteria that includes five years of experience in managing a police department and budget the size of Oak Brook, law enforcement with economic mix, experience with retail and corporate residents, skill in creating a strategic plan, astute managing skills, sophistication to act as an ambassador for the Village and to have no existing relationships with the Oak Brook Police Officers. A. VILLAGE PRESIDENT President Quinlan noted the Holiday season is here as it is a great time for family and friends. B. VILLAGE MANAGER - No report was given. VILLAGE OF OAK BROOK Minutes Page 15 of 16 December 14, 2004 10. C. VILLAGE CLERK Clerk Gonnella announced that three more residents have requested candidate packets for the April 5, 2005 Consolidated Election in which three Trustees will be elected. They include Jeffrey Kennedy, Kathryn Manofsky and Constantine Xinos. Eleven residents have requested candidate packets for the election with the first day of filing beginning January 17, 2005 at 8:30 a.m. Those in line at 8:30 a.m. that day will be considered simultaneously filed. A lottery will occur within nine days following January 25, 2005 for ballot placement. 11. ADJOURN TO CLOSED MEETING for the purpose of setting of a price for sale or lease of property owned by the public body and deliberations concerning salary schedules for one or more classes of employees. The Board previously requested that the Closed Meeting be held at the beginning of the meeting under Agenda Item 2. 12. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the Regular Meeting of the Board of Trustees at 9:01 p.m. VOICE VOTE: Motion carried. ATTEST: s /Linda K. Gonnella Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 16 of 16 December 14, 2004